Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77918418 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

AMENDMENTS

 

 

1.         Recitation of Goods and Services

 

            Please amend the recitation of goods and services in the application and on the drawing page as follows:

Soaps, perfumes, cosmetics, lipsticks, in International Class 3

Land vehicles and structural parts therefor; apparatus for locomotion by land, air or water, namely, cars and motorcycles and structural parts therefore; motors for land vehicles; bodies for vehicles, in International Class 12.

 

Jewelry, precious stones; horological and chronometric instruments; jewel cases of precious metal; watch bands, watch chains, watch springs, watch glasses; key rings of precious metal; cases for watches, cases for clocks and watchmaking; medals, in International Class 14

.

Leather and imitation leather; animal skins; trunks and travelling bags; umbrellas, parasols and walking sticks; whips and saddlery; pocket wallets; purses; hand bags, rucksacks, wheeled shopping bags, travelling bags, beach bags, vanity cases; bags of leather for packaging, in International Class 18.

 

Clothing, namely, shirts, t-shirts, over-blouse and swimming suits; gloves; scarves; neckties; beach shoes, boots for sports; underwear, in International Class 25.

 

Entertainment, namely, production and diffusion of cinematographic documents; organizing community sporting and cultural events; entertainment information; information on education; providing recreation services in the nature of organized commented visits and walks, pools and spa centers, horseback riding facilities, tennis and golf courses, gastronomic activities; publication of books; organization of sports competitions; educational services, namely, providing seminars and conferences in the field of business start-up assistance; organization of exhibitions for cultural or educational purposes; booking of seats for shows; providing on-line non-downloadable publications in the nature of books and journals in the field of the history and cultural identity, in International Class 41.

 

 

 

REMARKS

 

            The following remarks are submitted in response to the Examining Attorney’s First Office Action dated April 23, 2010.

I.          Recitation of Goods and Services

            The Examining Attorney requested that Applicant amend the recitation of goods and services on the grounds it is indefinite.  Applicant hereby amends the recitation of goods and respectfully submits that it satisfies PTO standards.

II.        Likelihood Of Confusion Refusal

            The Examining Attorney has refused registration in International Class 14 only under Section 2(d) of the Trademark Act on the ground that there is a likelihood of confusion between Applicant’s mark and registration number 1,277,983 for the mark DEAUVILLE in connection with “watches.”

Applicant respectfully submits that no likelihood of confusion exists between its mark and the mark in the cited registration, and requests that the Examining Attorney reconsider the refusal.

A.        Likelihood Of Confusion Standard

The Trademark Office recognizes that registration for a mark should not be refused merely for the presence of any similar registered mark, but only on the basis of those similar marks whose effect in the marketplace would be to create a likelihood of confusion or mistake on the part of the purchasing public.  T.M.E.P. § 1207.01.  The test for determining likelihood of confusion consists of several factors, no one factor being necessarily determinative.  The factors the Examining Attorney must look at include whether the goods and services are similar.  In re DuPont de Nemours & Co., 476 F.2d 1357, 1361, 177 U.S.P.Q. 563, 567 (C.C.P.A. 1973).  Applicant maintains that registration of Applicant’s mark would not create a likelihood of confusion with the cited mark.

B.        The Parties’ Goods Are Sufficiently Different To Make Confusion Unlikely

Applicant’s goods in class 14, as amended herein, are “jewelry, precious stones; horological and chronometric instruments; jewel cases of precious metal; watch bands, watch chains, watch springs, watch glasses; key rings of precious metal; cases for watches, cases for clocks and watchmaking; medals.”  The class 14 goods in the cited registration are “watches.”  The parties’ goods are not identical.  The differences between the parties’ goods make confusion as to source unlikely. 

C.        The Care in Purchase of the Goods Makes Confusion Unlikely

            The type of goods at issue and the degree of care likely to be exercised by purchasers of those goods must also be considered when analyzing the likelihood of confusion.  Accuride Int’l., Inv. v. Acuride Corp., 10 U.S.P.Q.2d 1589, 1594 (9^th Cir. 1989).  Applicant’s and Registrant’s mark are both applied to horological and jewelry related goods.  These goods are usually expensive and purchased with care and without impulse, thus leading to an unlikelihood of consumer confusion.              

D.        Conclusion

            For the reasons set forth above, Applicant respectfully submits that there is no likelihood of confusion between its mark and the mark cited in the Office Action.  Thus, Applicant respectfully requests that the Section 2(d) refusal to register for International Class 14 only be withdrawn.

III.       Primarily Geographically Descriptive Refusal

The Examining Attorney has also refused registration of Applicant’s mark, stating that the mark is primarily geographically descriptive of the origin of Applicant’s goods.  Trademark Act Section 2(e)(2), 15 U.S.C. § 1052(e)(2).  Applicant respectfully disagrees with the Examining Attorney’s conclusion.  “To establish a prima facie case for refusal to register a mark as primarily geographically descriptive, the examining attorney must show that (1) the primary significance of the mark is a generally known geographic location; (2) the goods or services originate in the place identified in the mark; and (3) purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark.”  T.M.E.P. § 1210.01(a) (emphasis added).  Applicant submits that none of the elements are met in this case.

A.                 The Primary Significance of Applicant’s Mark Is Not Geographic

The primary significance of Applicant’s Mark as a whole is not geographic.  A mark is not primarily geographically descriptive merely because it names a particular geographic place or location.  This type of approach overlooks the word “primarily” in Section 2(e)(2).  Professor McCarthy explains that “[t]he 1946 Lanham Act, by use of the words ‘primarily geographically descriptive,’ steered away from the prior practice of the Trademark Office of looking a word up in an atlas or gazetteer and then refusing registration if there was any place on earth called by that word.”  2 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition § 14:27 (4^th ed. 2006).

The Examining Attorney’s evidence that the primary significance of Applicant’s mark is geographic is an online dictionary entry that states Deauville is “a coastal resort in NW France, S of Le Havre” and an online encyclopedia that indicates it is a “fashionable resort” and that has a population of 4,364.  Applicant submits that this evidence is insufficient to show that the word’s significance is primarily geographic, especially for American consumers. 

The attached Google internet search for “Deauville” shows that, in addition to the French city of under 5,000 residents, the word also refers to a beach resort in Miami, a Hotel in New York City, an Inn in New Jersey,  a Honda motorcycle called the Deauville, and a restaurant in Lexington, Kentucky.  (See, Attached Exhibit A) Any of these meanings is more likely to be the primary significance in the United States of Applicant’s mark than an obscure village in France, which may be fashionable to residents of the lower Normandy region, but is hardly known to American consumers.  The fact that the significance of Deauville is not primarily geographic is underscored by the fact that the registration for DEAUVILLE cited by the Examining Attorney is on the Principal Register with no disclaimer of “Deauville” and no claim of acquired distinctiveness under Section 2(f) of the Trademark Act.  Just as the significance of DEAUVILLE is not primarily geographic as relates to the goods in the cited registration, neither is it so as relates to Applicant’s goods and services as amended herein.

B.                 It Has Not Yet Been Determined Whence the Goods and Services identified in the Applicantion Will Originate

The second prong of the test considers whether the goods or services claimed in the trademark application originate from the geographic place referenced by the mark.  While Applicant had and still has a bona fide intent to use its mark in connection with all of the goods and services identified in its application, it has not yet determined whence goods and services listed in the application will originate.  In this respect, Applicant respectfully submits that the refusal to register under Section 2(e)(2) of the Trademark Act is premature.   See, T.M.E.P. §1102.01.   While it is possible that some of the goods and services listed in the application will originate from the geographic place referenced by the mark, there is no evidence of record to show that this is the case.  Further, it is quite likely that many of the goods and serivces will not originate from the geographic place referenced in the mark.  The test’s second prong for primarily geographically descriptive marks is not presently met.  However, Applicant submits that because the other two prongs of the test are definitively not met, this point is moot, and the refusal should be definitively withdrawn.

C.     There Is No Goods or Services/Place Association Between Applicant’s Goods and Services and the Geographic Place Referenced in Applicant’s Mark

There is no goods or services/place association between Applicant’s goods and services and the geographic place referenced in Applicant’s Mark.  The third prong of the test to determine whether a mark is primarily geographically descriptive considers whether “the American public would make a goods/place association, that is, believe that the goods for which the mark is sought to be registered originate in that place named in the mark.”  In re John Harvey & Sons Ltd., 32 U.S.P.Q.2d 1451, 1454 (T.T.A.B. 1994).  It is even more difficult to establish a services/place association than it is to establish a goods/place association.  T.M.E.P. § 1210.04(b).  The burden is on the Examining Attorney to show the goods/place association, specifically, that the consuming public would believe that the applied for goods or services originate from the geographic place.  See id.; also T.M.E.P. § 1210.01(a).

Showing that the applicant merely resides in the geographical placed mentioned in the mark is not enough to meet the Examining Attorney’s burden.  See In re Roy J. Mankovitz, 90 U.S.P.Q.2d 1246, 1249 (T.T.A.B. 2009) (“mere fact that applicant sleeps in Montecito is not necessarily enough to establish a goods/place relationship”).  In Mankovitz, applicant sought to register the mark THE MONTECITO DIET in connection with printed publications in Class 16 and related services.  The Board reversed a primarily geographical descriptive objection, finding that there was no evidence that books and publications originate from Montecito in general and in particular, no evidence that Applicant’s publications will originate in Montecito.  Id. at 1250.

If there is no evidence to support a determination that consumers would believe the applied for goods originate from the referenced geographical place, then there is no goods/place association.  In In re Consolidated Foods Corp., 218 U.S.P.Q. 184 (T.T.A.B. 1983), the applicant, residing in Lauderdale, Alabama, sought to register the mark LAUDERDALE FARM in connection with meats and poultry.  The Board reversed a primarily geographically descriptive objection, finding that “the evidence is insufficient to support any public association on the part of the public of the term ‘Lauderdale’ with fresh processed meat and poultry products.”  Id. at 186.  In In re Gale Hayman Inc., 15 U.S.P.Q.2d 1478 (T.T.A.B. 1990), the applicant sought to register the mark SUNSET BOULEVARD in connection with perfume and cologne.  The Board noted that the applicant resided in Century City (Los Angeles) close to Sunset Boulevard, but nevertheless found no goods/place association existed because there was no evidence that perfume or cologne is manufactured or produced on Sunset Boulevard.  Id. at 1479.

Geographic matter may be so obscure or remote that it would not be recognized as an indication of geographic source of the goods or services.  Further, remoteness or obscurity is determined from the perspective of the average American consumer.  T,M.E.P. § 1210.04(c).  For example, in In re Societe Generale des Eaux Minerales de Vittel, S.A., 824 F.2d 957 (Fed. Cir. 1987), the Appeals Court found that the mark VITTEL and design was not primarily geographically descriptive of costmetic products because of a lack of a goods/place association between the goods and the applicant’s place of business in Vittel, France. This case compels a similar conclusion in the present matter.  Vittel is a small city with a population of 5,745 people (See, Attached Exhibit B).  Deauville is even smaller and therefore more remote and obscure to the average American consumer.  The geographical place identified in Applicant’s mark is remote and obscure, such that it is unlikely that the average American consumer will make a good and services/place connection.  Therefore, the third prong of the test for finding marks primarily geographically descriptive is also not met.

D.    Conclusion

In view of the fact that the primary significance of Applicant’s mark is not geographic, and that even if it were, there is no evidence to support a goods and services/place association, Applicant’s mark is not primarily geographically descriptive.  Accordingly, Applicant respectfully requests that the Examining Attorney withdraw the Section 2(e)(2) refusal.

IV.       Statement Regarding Origin of Goods and Services

While Applicant had and still has a bona fide intent to use its mark in connection with all of the goods and services identified in its application, it has not yet determined whence goods and services listed in the application will originate.  While it is possible that some of the goods and services listed in the application will originate from the geographic place referenced by the mark, there is no evidence of record to show that this is the case.  Further, it is quite likely that many of the products will not originate from the geographic place referenced in the mark. 

V.        Clarification of Entity Type

            Applicant hereby states that Applicant is the city of Deauville, France

V.        Certification of Foreign Registration

            Applicant herewith submits certification of its foreign registration.

EVIDENCE
Evidence in the nature of Exhibits A and B has been attached.
Original PDF file:
evi_63139240150-150743843_._Exhibits_A___B.pdf
Converted PDF file(s) (4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Soaps; perfumes, cosmetics, lipsticks
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ France registration number 1546400 registered 09/07/1988 with a renewal date of __________ and an expiration date of 09/06/2018 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed: Class 003 for Soaps; perfumes, cosmetics, lipsticks
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ France registration number 1546400 registered 09/07/1988 with a renewal date of __________ and an expiration date of 09/06/2018 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Vehicles and their constituent parts; apparatus for locomotion by land, air or water and their constituent parts; motors for land vehicles; bodies for vehicles
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ France registration number 093636990 registered 03/09/2009 with a renewal date of __________ and an expiration date of 03/08/2019 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Vehicles and their constituent parts; Land vehicles and structural parts therefor; apparatus for locomotion by land, air or water and their constituent parts; apparatus for locomotion by land, air or water, namely, cars and motorcycles and structural parts therefore; motors for land vehicles; bodies for vehiclesClass 012 for Land vehicles and structural parts therefor; apparatus for locomotion by land, air or water, namely, cars and motorcycles and structural parts therefore; motors for land vehicles; bodies for vehicles
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ France registration number 093636990 registered 03/09/2009 with a renewal date of __________ and an expiration date of 03/08/2019 ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU1-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Jewelry, precious stones; horological and chronometric instruments; jewel cases; watch bands, watch chains, watch springs or watch glasses; key rings (trinkets or fobs); cases for watches (presentation), cases for clock- and watchmaking; medals
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Jewelry, precious stones; horological and chronometric instruments; jewel cases; jewel cases of precious metal; watch bands, watch chains, watch springs or watch glasses; watch bands, watch chains, watch springs, watch glasses; key rings (trinkets or fobs); key rings of precious metal; cases for watches (presentation), cases for clock- and watchmaking; cases for watches, cases for clocks and watchmaking; medalsClass 014 for Jewelry, precious stones; horological and chronometric instruments; jewel cases of precious metal; watch bands, watch chains, watch springs, watch glasses; key rings of precious metal; cases for watches, cases for clocks and watchmaking; medals
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU2-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for Leather and imitations of leather; animal skins; trunks and travelling bags; umbrellas, parasols and walking sticks; whips and saddlery; pocket wallets; purses; hand bags, rucksacks, heeled shopping bags, travelling bags, beach bags, vanity cases; bags (envelopes, pouches) of leather for packaging
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Leather and imitations of leather; Leather and imitation leather; animal skins; trunks and travelling bags; umbrellas, parasols and walking sticks; whips and saddlery; pocket wallets; purses; hand bags, rucksacks, heeled shopping bags, travelling bags, beach bags, vanity cases; hand bags, rucksacks, wheeled shopping bags, travelling bags, beach bags, vanity cases; bags (envelopes, pouches) of leather for packaging; bags of leather for packagingClass 018 for Leather and imitation leather; animal skins; trunks and travelling bags; umbrellas, parasols and walking sticks; whips and saddlery; pocket wallets; purses; hand bags, rucksacks, wheeled shopping bags, travelling bags, beach bags, vanity cases; bags of leather for packaging
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU3-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Clothing, footwear, headgear; shirts; clothing of leather and imitations of leather; belts (clothing); furs (clothing); gloves (clothing); scarves; neckties; beach shoes, boots for sports; underwear
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Clothing, footwear, headgear; Clothing, namely, shirts, t-shirts, over-blouse and swimming suits; shirts; gloves; clothing of leather and imitations of leather; scarves; belts (clothing); neckties; furs (clothing); beach shoes, boots for sports; gloves (clothing); underwearClass 025 for Clothing, namely, shirts, t-shirts, over-blouse and swimming suits; gloves; scarves; neckties; beach shoes, boots for sports; underwear
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU4-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment: sporting and cultural activities; entertainment or education information: providing recreation activities; publication of books; organization of competitions (education and entertainment); arranging and conducting of colloquiums, conferences or congresses; organization of exhibitions for cultural or educational purposes; booking of seats for shows; publication of electronic books and journals on line
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.

Proposed:
Tracked Text Description: Entertainment: sporting and cultural activities; Entertainment, namely, production and diffusion of cinematographic documents; entertainment or education information: providing recreation activities; organizing community sporting and cultural events; entertainment information; organization of competitions (education and entertainment); information on education; arranging and conducting of colloquiums, conferences or congresses; providing recreation services in the nature of organized commented visits and walks, pools and spa centers, horseback riding facilities, tennis and golf courses, gastronomic activities; publication of books; organization of sports competitions; publication of electronic books and journals on line; educational services, namely, providing seminars and conferences in the field of business start-up assistance; organization of exhibitions for cultural or educational purposes; booking of seats for shows; providing on-line non-downloadable publications in the nature of books and journals in the field of the history and cultural identityClass 041 for Entertainment, namely, production and diffusion of cinematographic documents; organizing community sporting and cultural events; entertainment information; information on education; providing recreation services in the nature of organized commented visits and walks, pools and spa centers, horseback riding facilities, tennis and golf courses, gastronomic activities; publication of books; organization of sports competitions; educational services, namely, providing seminars and conferences in the field of business start-up assistance; organization of exhibitions for cultural or educational purposes; booking of seats for shows; providing on-line non-downloadable publications in the nature of books and journals in the field of the history and cultural identity
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU5-63139240150-150743843_._ForeignRegistrations.pdf
Converted PDF file(s) (14 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9
Foreign Registration-10
Foreign Registration-11
Foreign Registration-12
Foreign Registration-13
Foreign Registration-14

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: COMMUNE DE DEAUVILLE a(n) territorial collectivity, having an address of
      20 rue Robert Fossorier
      14800 Deauville,
      France

Proposed: COMMUNE DE DEAUVILLE, city legally organized under the laws of France, having an address of
      20 rue Robert Fossorier
      14800 Deauville,
      France

SIGNATURE(S)
Response Signature
Signature: /mtr/     Date: 10/25/2010
Signatory's Name: Michael T. Richmond
Signatory's Position: Attorney of Record, California Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77918418
Internet Transmission Date: Mon Oct 25 15:46:09 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201010251546099
35397-77918418-470ac2575b8a4151d6b98b2fc
a5bce4a4-N/A-N/A-20101025150743843598